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STATE v. SMITH

070230679; A138276.

237 P.3d 853 (2010)

236 Or. App. 5

STATE of Oregon, Plaintiff-Respondent, v. Gary SMITH, aka Gary Smith, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 23, 2010.

Attorney(s) appearing for the Case

Rebecca A. Duncan, Assistant Chief Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Linda Wicks, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before ROSENBLUM, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

BREWER, C.J.

Defendant, who was convicted of possession of a controlled substance, ORS 475.840 asserts on appeal that the trial court erred in denying his motion to suppress evidence. The trial court's factual findings are binding on appeal if there is constitutionally sufficient evidence to support them. State v. Ehly, 317 Or. 66, 75, 854 P.2d 421 (1993). We therefore review the record...

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